Walter attorney urges city to resolve potential claims

Ross White, Spokane attorney who represented Ralph Walter in the Colfax Fire Chief’s appeal to get his job back, urged the city council Monday night to seek mediation for what could be claims against the city.

"This is something that needs to be resolved," White said after listing grounds for potential claims.

Responding to a question by Councilman Al Vorderbrueggen, White said the Walter episode engendered potential claims involving due process, civil rights, privacy violation, slander and defamation.

The city has not received a claim to date.

Prior to that exchange White asked the council to appoint "somebody other than the mayor" to undertake an investigation into the Walter episode.

Mayor Norma Becker Oct. 6 brought a sudden end to the Colfax Civil Service hearing on Walter’s appeal when she reinstated him with back pay and benefits. Becker said she decided to make the move after learning on the first day of the hearing that Walter had made an effort to patch up relations with volunteer firemen at their May 11 meeting. She explained she didn’t know that when she fired Walter July 2 for failing to make an effort to correct shortcomings pointed out in two performance evaluations early this year.

White Monday night contended the mayor’s account of why she changed her mind and reinstated Walter does not seem logical when considered against the array of city charges brought against Walter last spring. The mayor’s account, he said, dealt with just one of the reasons cited for the dismissal.

The attorney rated the one day of commission testimony Oct. 5 "a disaster" for the city and said he believes that was the reason the decision was made to reinstate Walter before the city commission started its second day of hearings.

White noted the abrupt end to the hearing meant Walter never had a chance to present his side of the story. He again pointed out he had obtained memos which showed city supervisor Carl Thompson was aware by May 12 that Walter the previous night had made an effort to patch things up with the volunteer firemen.

White reviewed his earlier objections that the city failed to follow due process in the way they dismissed Walter. Noting neither he nor Walter wish the city any ill will, he pointed prior to the first evaluation of Walter in February, the fire chief dealt with just two issues involving his employment performance over his four years of working with the city.

The issued involved city policy of responding to fire alarms outside of the city limits and a dispute over purchasing radio equipment which had been allowed in the budget. In both cases Walter was required to write memos about the issues.

Mayor Becker and Thompson Monday did not respond to White’s statements or requests. Becker continued with the city council session by moving to the next item on the agenda.

City Attorney Bruce Ensley called for an executive session at the end of the meeting, and residents who had filled the council room were asked to vacate the meeting. No action followed after the council resumed its public session and the meeting was adjourned.

Walter returned to duty at the fire station last Wednesday to work his first 24-hour shift at the Colfax Fire department after being reinstated. The fire station is normally manned by three full-time employees who alternate 24-hour shifts. Members of the volunteer fire department filled Walter’s shift during his absence over the past three months.

Walter vowed he would work hard for the City of Colfax in a professional manner.